3745-47-20
Rules of ethics.

(1)
No party to an
adjudication proceeding shall engage in or encourage other persons to engage in
ex parte communications with the hearing examiner about any matter that is the
subject of the adjudication proceeding. The hearing examiner shall not
entertain such communications.

(2)
No persons
identified in paragraphs (P)(1)(b) to (P)(1)(e) of rule
3745-47-02 of the Administrative
Code shall engage in or encourage other persons to engage in ex parte
communications with the director, the assistant director, or the deputy
directors about any matter that is the subject of the adjudication proceeding.
The director, the assistant director, and the deputy directors shall not
entertain such communications.

(3)
The director,
the assistant director, the deputy directors, and the hearing examiner may
participate in conferences or any other discussions in which all the parties
have a right to participate.

(B)
All
communications prohibited by paragraph (A) of this rule shall be reported
immediately to the hearing examiner, who shall place the communication or a
memorandum describing the communication in public files associated with the
case, but separate from the record material upon which the agency will rely in
reaching a decision. The hearing examiner shall take such additional action as
the hearing examiner deems advisable.

(C)
A hearing
examiner shall be disqualified upon the hearing examiner filing an affidavit
stating the reason for disqualification. A hearing examiner shall file a
disqualification affidavit for either of the following reasons:

(1)
If for any
reason the hearing examiner may not be able to preside in a fair and impartial
manner and render an impartial report and recommendation to the director.

(2)
If
the hearing examiner receives, or has during the previous two years received,
ten per cent or more of the hearing examiner's gross personal income for a
calendar year from a party or any subsidiary or owner thereof. For purposes of
this paragraph, "party or any subsidiary or owner thereof" does not include the
state. The hearing examiner's gross personal income includes retirement
benefits, consultant fees, and stock dividends, but does not include income
from diversified investments where the hearing examiner does not know the
identity of the primary sources of income.

(D)
Hearing
examiners shall behave in the manner prescribed for judges generally in the
"Ohio Code of Judicial Conduct" (2010).

(E)
It shall not be
deemed a violation of this rule if the director, in the performance of duties
and functions other than decision-making in an adjudication proceeding, gathers
information or expresses opinions on matters of fact or law that are the
subject of any adjudication proceeding.